[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Page 66575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27853]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 102802E]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands 
Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS is closing directed fishing for Pacific cod by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2002 Pacific 
halibut bycatch allowance specified for the trawl Pacific cod fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 29, 
2002, until 2400 hrs, A.l.t., December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act. Regulations governing fishing by U.S. vessels in accordance with 
the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2002 halibut bycatch allowance specified for the BSAI trawl 
Pacific cod fishery, which is defined at Sec.  679.21(e)(3)(iv)(E), is 
1,434 metric tons (67 FR 956, January 8, 2002).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2002 
halibut bycatch allowance specified for the trawl Pacific cod fishery 
in the BSAI has been caught. Consequently, the Regional Administrator 
is closing directed fishing for Pacific cod by vessels using trawl gear 
in the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec.  679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to avoid 
exceeding the halibut bycatch allowance for the trawl Pacific cod 
fishery constitutes good cause to waive the requirement to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth at 5 U.S.C. 553(b)(B). These procedures are 
unnecessary and contrary to the public interest because the need to 
implement these measures in a timely fashion to avoid exceeding the 
halibut bycatch allowance for the trawl Pacific cod fishery constitutes 
good cause to find that the effective date of this action cannot be 
delayed for 30 days. Accordingly, under 5 U.S.C. 553(d)(3), a delay in 
the effective date is hereby waived.
    This action is required by 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 28, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-27853 Filed 10-29-02; 2:47 pm]
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